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TERMS OF USE

Moscow

26 July 2021

This User Agreement is an offer of UMNICO Limited Liability Company for an indefinite circle of persons to acquire a simple (non-exclusive) license for the right to use the Umnico service related to the use of the service within the established limits.

1. TERMS USED IN THE AGREEMENT

1.1. For the purpose of uniform interpretation, the terms of this agreement, terms and definitions are used in the meanings specified in clause 1.2.

1.2. Definitions of the main significant terms.

1.2.1. Program Umnico  is a complex of computer programs, databases, visual representations of commands, consisting of two or more components and (or) complexes specially designed for use as part of a complex object (multimedia product) [1] , united by a single interface (hereinafter the Program or Umnico).

1.2.2. Confidential information  - personal data, other information directly or indirectly related to Users and / or Visitors of Umnico, including, but not exclusively, personal data. Individual components of Confidential Information are defined in section 3 of this Policy. When referring to all information of this kind in the aggregate, hereinafter referred to as "Confidential Information" or "Information". These concepts are of equal importance.

1.2.3. Licensor  - UMNICO LLC - a person who distributes Umnico and is authorized to issue a simple (non-exclusive) license to use the Program. 

1.2.4. Umnico User (Licensee)  - a person who has registered a Umnico personal account, with whom the Confidential Information processed under this Agreement is directly or indirectly related. May be the subject of personal data. Hereinafter referred to as "User" or "Licensee", when jointly mentioned, regardless of the category, referred to as "Users".

1.2.5. Owner  - a User who registered a personal account for the first time, who has been given the technical ability to determine the limits of using the Program for Users of the "Administrator" and "Manager" categories. 

1.2.6. Administrator  is a category of Users who have been given the technical ability to determine the limits of using the Program for Users of the "Manager" category. Hereinafter referred to as "Administrator" or "Administrators".

1.2.7. Manager  - a category of Users who are not provided with the technical ability to determine the limits of using the Program. Hereinafter referred to as "Manager" or "Managers".

1.2.8. Umnico visitor  - a person who has navigated to the main page or any other Umnico page and / or sent a message to the support service without registering a Umnico personal account. Hereinafter referred to as "Visitor" or "Visitors".

1.2.9. Personal Account  - section "Fresh" of the Program, by creating which, Users accept the Privacy Policy and User Agreement, acquire the right to connect Integrations. Posted at https://umnico.com/app/deals/inbox . 

1.2.10. Integration  - joining the Service of one profile of the "Manager" category from third-party online services defined in the section https://umnico.com/payment .

1.2.11. Interface  - a set of images, logos included in the Program, a visual display of commands executed by Users. 

1.2.12. Tariff  - the amount of the license fee for using the Program, determined by the number of integrations selected by the User and connected Managers or Administrators. The rates are posted at https://umnico.com/payment . 

2. UMNICO. CHARACTERISTIC OF MULTIMEDIA PRODUCT

2.1. General features of a multimedia product as a whole, characteristic of each of the computer programs created for use in its composition (clause 2.2).

2.1.1.

Text designation: (name)

Umnico (Yumniko)

2.1.2.

Hosting address on the Internet

https://umnico.com  

2.1.3.

Appointment

Business and Work

2.1.4.

Copyright holder

LLC "UMNICO"

2.1.5.

Age classification

4+

2.2 Features of Computer Programs created for use as part of the Umnico multimedia product.

No.

Name

Appointment

Terms of use (minimum)

2.2.1.

Umnico Main

Management of all Integrations, building statistics. Serves as a "command center"

Used in browsers Google Chrome, Mozilla Firefox not older than 2018 release. For use on personal computers

2.2.2.

Umnico Android

Remote control of all integrations on mobile devices with the Android operating system

Android OS 5.0 or higher

2.2.3.

Umnico iOS

Remote control of all integrations on mobile devices with the iOS operating system

iOS version 11.0 and higher. Can be used on Apple Iphone, Apple Ipad devices.

2.2.4.

Umnico Bitrix

A part of a multimedia product created for integration with the 1C-Bitrix module, executing commands specified by any of the programs from p. 2.2.1 - .2.2.3.

Similarly to p. 2.2.1.

2.2.5.

Umnico AmoCRM

A part of a multimedia product created for integration with the AmoCRM module, executing commands specified by any of the programs from p. 2.2.1 - .2.2.3.

Similarly to p. 2.2.1.

2.3. Integration with the 1C-Bitrix module is carried out in accordance with the General Terms and Conditions of the 1C-Bitrix Marketplace project, which are posted at the following hyperlink: https://partners.1c-bitrix.ru/upload/bitrix_marketplace.pdf .

2.4. By purchasing the right to use the Integration with the 1C-Bitrix module, the User concludes a license agreement in the form established in Appendix No. 1 to the General Terms and Conditions of the 1C-Bitrix Marketplace project (link is specified in clause 2.3).

2.5. The Licensor guarantees that he has the exclusive right to use Umnico, that he is the legal owner of both the entire software package as a whole, and individual components of the Program.

3 . SUBJECT OF THE AGREEMENT

3 .1. This Agreement defines the procedure for providing a simple (non-exclusive) license for the right to use "Umnico", the limits of its use by Users, the rights and obligations of the Licensor, Users, the procedure for considering applications from Users.

3 .2. This Agreement is a license agreement concluded in a simplified manner (Article 1286.1 of the Civil Code). The acceptance of the Agreement is carried out by the Users by fulfilling the following conditions: setting a mark on agreement with its terms and conditions of the privacy policy, paying for the number of Integrations in accordance with the selected tariff.

3 .3. Access to the Umnico functionality is provided in the form in which it exists and in which it is posted on the global Internet. The Licensor does not provide any guarantees and / or representations regarding access to the Program.

3.4. The license for the right to use the Program is considered granted from the moment the User or the Visitor pays for the funds in the amount indicated on the website https://umnico.com .  

3.5. By entering into this User Agreement, by acquiring the right to use it through third-party online stores, Users accept the terms of the user agreements of such stores.

3.6. This agreement can be terminated by the User without refunding the money paid for the license by sending an application to the details specified in section 8 of this agreement.

3.7. The Agreement is considered terminated upon expiration of 10 (ten) business days from the moment the Licensor receives a notice of termination of this agreement. On the 11 (eleventh) day from the moment the Licensor receives the notice of termination, the debiting of funds in payment for the License stops (In all cases, except for payment, in accordance with clause 4.4. present agreement.

4 . LICENSE PAYMENT PROCEDURE. PRIMARY ACCOUNTING DOCUMENTS

4 .1. This Agreement is reimbursable. The final price of the license is formed based on the number of Integrations and the payment period. Integration prices are presented at https://umnico.com/payment .

4 .2. The User is provided with 3 (three) days of free use of 1 (one) Integration with each provided third-party service, with 1 (one Manager) connection. Restrictions are defined in the personal account of the Program. After this period, access to integrations is automatically limited until the User makes a payment.

4 .3. All payments received from Users are accepted by:

LLC NPO "Yumani" (formerly - LLC NPO "YANDEX MONEY")

Address: 119021, Russia, Moscow, st. Timur Frunze, 11, bldg. 44

INN: 7750005725

Checkpoint: 775001001

OGRN: 1127711000031

4.4. The User has the right to make payment from his current account to the Licensor's current account. To do this, the User sends a request to the e-mail specified in section 8 of this agreement. At the same time, the User specifies the INN, PSRN, Address of the location and the amount of payment in accordance with the selected tariff. Within 1 (one) day, the Licensor sends the User an invoice for payment by a reply letter.

4.5. If the bank or payment system charges a commission or other fee for the operations of debiting from the account / converting funds, then these costs are borne by the User and will be debited from his account in the bank or payment system specified during the registration of his personal account.

4 .6. All settlements between the Licensor and the Users are carried out in Russian rubles.

4 .7. The user guarantees that at the time of acceptance of this agreement, he is aware that the return and / or exchange of the right to use the Program is not provided for by the legislation of the Russian Federation.

4 .8. Funds to pay for the license are automatically debited from the Users' account in each subsequent month after the payment of the previous payment for the number of Integrations that was paid by the User in the previous month. This provision applies similarly if the User chooses a different payment period. (In all cases, except for payment, in accordance with clause 4.4 of this Agreement).

4.9. Receipts confirming the payments made by the Users are automatically sent to the Users in electronic form to the email address specified when registering their personal account.

4.10. To obtain an act in writing, the User must send an application using the details specified in section 8 of this agreement. The act is issued for the entire period of the paid License (only for Users - legal entities and Individual entrepreneurs, in the case of payment for the License from the current account of a legal entity or Individual entrepreneur on the basis of the Licensor's account).

4.11. The moment of payment is defined as the moment of receipt of funds to the settlement account of the Licensor.

5 . UMNICO LIMITS OF USE

5 .1. Users are granted the right to use Umnico to conduct business, in particular, to analyze customer requests, actions of Managers.

5 .2. The User (Licensee) is not allowed to use any logos or trade names posted on the Sites and Systems of the Licensor, as well as any other copyright information, including graphic images, as well as any text, interface or design of any page or any form contained on the pages Sites and Systems without obtaining a prior written agreement from the Copyright Holder.

5.3. Umnico is not intended for use for personal, household needs, not related to business activities, each user assures about the proper processing of personal data of citizens in accordance with the current legislation and the approved personal data processing policy, other local legal acts. Thus, the Licensee guarantees

5 .4. The license term is determined by the selected tariff. In particular, the Users are provided with discounts for a one-time payment for a quarter or a year in accordance with the information specified on the page https://umnico.com/payment .

5.5. Users have the right to use the Program throughout the world without any territorial restrictions.

5.6. Umnico, integrations, applications, content and design are provided on an "as is" basis. The licensor does not guarantee that all the functionality of the service will meet the expectations of the Users and can be applied for its specific purpose. The User confirms that he has familiarized himself in the necessary and sufficient volume with the information provided by the Licensor in advance and confirms that he is interested in using Umnico. The Licensor also disclaims any guarantees that Umnico may or may not be suitable for the specific purposes of the User. The licensor cannot guarantee and does not promise any specific results from the use of Umnico.

5.7. The Licensor does not initiate or control the placement of any information by the User in the process of using Umnico, does not affect its content and integrity, and at the time of posting this information does not know and cannot know whether it violates the legally protected rights and interests of third parties, international treaties and legislation of the Russian Federation.

5.8. The User is directly responsible for the content of the data created and maintained by the Licensee. The Licensor does not exercise preliminary control over the content of information posted and (or) distributed by the Licensee, however, if the placement and distribution of such information contradicts the legislation of the Russian Federation, the Licensor has the right to block or delete the corresponding Account and data without any prior warning.

5.9. Under no circumstances will the Licensor be liable to the User or to any third parties for any indirect, accidental, unintentional damage, including real damage, lost profits or lost data, damage to honor, dignity or business reputation arising from the use of Umnico or other materials to which the User or other persons gained access using Umnico, even if the User warned or indicated the possibility of such harm.

5.10. The Licensor is not responsible for any damage to the computer of the User or another person, mobile devices, any other equipment or software caused or associated with the use of Umnico.

6 . RIGHTS AND OBLIGATIONS OF THE LICENSOR

6 .1. Obligations of the Licensor.

6 .1.1. Refrain from posting files that may harm the User's Computer Devices.

6 .1.2. Provide technical support to Users, providing them with timely advice.

6 .2. Licensor's Rights.

6 .2.1. Conduct promotions, set discounts and special offers, determine the limits of free use of the Service.

6 .2.2. Change the terms of this User Agreement without obligatory notification of Users.

6 .2.3. Use a trademark registered for legal entities on whose behalf the User acts only for the purpose of indicating on the site https: umnico.com the subtitle "Clients who already trust us" until the User refuses this agreement, or before an authorized person declares about disagreement with such use in writing according to the details specified in section 8 of this agreement.

6.3. Limitation of Liability.

6.3.1. The Licensor, in case of receipt of the User's complaint, question, proposal, will make every possible effort to resolve questions received and ensuring the highest possible satisfaction User from both received support and further using Umnico.

6.3.2. Licensor cannot guarantee satisfaction of requests Users associated with any problems encountered on side of any third-party program, or service, or through the fault any third parties, including through the fault of the User, and also, if the request is obviously unworkable.

6.3.3. The Licensor informs the User about the impossibility of satisfaction the received request in the cases specified above in clause 6.3.2, and also, on the actions taken to address the appeal.

7 . RIGHTS AND OBLIGATIONS OF USERS

7 .1. Obligations of Users.

7 .1.1. Use the Program in good faith, subject to the restrictions established by this Agreement, in compliance with the legal requirements for the protection of confidential information, including personal data.

7 .1.2. Refrain from taking actions aimed at destabilizing the operation of the Program , making attempts to unauthorized access to the Program , as well as copying all or part of its functionality, interface, object code.

7 .1.3. Immediately notify the Licensor of any attempts to unauthorized access to the User's personal account by third parties.

7 .1.4. Refrain from interfering with the technical means of protecting the Program , means of protecting information posted within Umnico .

7. 1.5. Do not transfer access (login and password) to the User's personal account of the "Owner" category without prior notice to the Licensor.

7 .2. User rights.

7 .2.1. Use the functions of the Program within the limits established by this Agreement.

7 .2.2. To independently determine the possibilities of using the Program for Administrators and Managers whom they have connected to the Program , but exclusively within the limits of the license that is purchased directly by a specific User of the "Owner" category.

7 .2.3. Refuse to renew the license for the next period by sending an appeal to the Licensor in any way established by this Agreement. In this case, the payment for the license for the subsequent period will not be charged, provided that the Licensor receives a notice of refusal to renew the license before the date of payment for the next period. (In all cases, except for payment, in accordance with clause 4.4. Of this Agreement).

7 .2.4. Contact the Licensor with questions regarding the use of the Service, its technical capabilities, troubleshooting, etc.

8 . CONSIDERATION OF APPEALS. DISPUTE RESOLUTION. 

8 .1. The licensor is UMNICO Limited Liability Company (TIN 9725053503, OGRN 1217700298892).

8 .2. Mailing address for inquiries: 115114, Moscow, 1st Kozhevnichesky lane, 10, office 205.

8 .3. Email address for inquiries : hello@umnico.com 

8 .4. All disputes and disagreements related to non-performance or improper performance by the parties of obligations arising from this agreement or in connection with it, including those related to its conclusion, performance, action, termination, validity, termination are resolved through negotiations.

8.5.  The Licensor will take all possible measures to consider the User's appeal and provide a response to the appeal no later than 25 (twenty five) calendar days from the date of its receipt.

8.6. If it is impossible to settle the dispute in a complaint procedure, such a dispute is subject to resolution in the Arbitration Court of the city of Moscow.

        


[1]  The meaning of the concept "Complex object", as well as the definition of a multimedia product as a specific example of such an object is given in accordance with Article 1240 of the Civil Code of the Russian Federation (part four) of 18.12.2006 No. 230-FZ